Describe the powers and functions of the President of India.

Powers and functions of President-

Administrative Powers

• The President can make rules specifying the manner in which the orders and the other instruments which are made and executed in his name shall be authenticated.
• The President appoints:
  • The Prime Minister and other Ministers.
  • The Attorney-General of India determines his remuneration.
  • The Governors of the States.
  • Comptroller and Auditor General of India, Chief Election Commissioner and other Election Commissioners, Chairman and members of the Union Public Service Commission, and Finance Commission of India chairman and members Judges of High Courts and Supreme Court.
  • National Commissions of Scheduled Castes, Scheduled Tribes, Other Backward Classes as well as a commission to report on the administration of the Scheduled Areas, a commission on official Language and Special officer for Linguistic minorities.
• He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
• He appoints an inter-state council to center-state and inter-state cooperation.
• The President shall also have the power to remove:
  • His Ministers, individually.
  • Attorney-General of India.
  • The Governors of the States.
  • The Chairman or a Member of the Public Service Commission of the Union or of a State, on the report of the Supreme Court.
  • A judge of the Supreme Court or of the High Court or the Chief Election Commissioner or the Comptroller-General of India on an address of Parliament.

Legislative Powers

• The President is an integral part of the Parliament, and enjoys the following legislative powers.
• The President summons the House of Parliament at least twice a year or prorogues either House of Parliament and dissolves the Lok Sabha. He may summon both the Houses to meet in a joint sitting for debating or voting on a bill in case of deadlock.
• He may address either house separately or both Houses jointly. At the commencement of the first session after every general election, the President delivers an address.
• He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant.
• He nominated 12 members of the Rajya Sabha and two members to the Lok Sabha from the Anglo-Indian Community. However, in January 2020 the Anglo-Indian reserved seat in the Parliament and State Legislature of India was abolished by the 104th Constitutional Amendment Act, 2019.
• Every Bill passed by the Parliament must receive the President’s assent before it can become an Act. The President may give his assent or withhold his assent or return it for reconsideration by Parliament with his own suggestion, a Bill other than a Money or Constitutional Amendment Bill. Parliament may accept his suggestion or reject it but if it is again sent for the President's assent now the President has to give his assent.
• The President makes certain reports and statements to be laid before the Parliament.
  • The Annual Financial Statement and the Supplementary Statement.
  • The report of Comptroller and Auditor General relating to the accounts of the Government of India.
  • Recommendation made by the Finance Commission.
  • Report of the Union Public Service Commission, explaining the reasons where any advice of the Commission has not been accepted.
  • The report of National Commissions of Scheduled Castes and Scheduled Tribes.
  • The report of a Special officer for Linguistic minorities.
  • The report of the commission on the backward classes.

• Veto Powers

  When a Bill is passed by both the Houses of the Parliament, it is presented to the President to seek his assent. It cannot become an Act of Parliament until it receives the assent of the President. Under Article 111, the President has three options before him:

  • He may give his assent to the bill in which case it immediately becomes an act;
  • He may withhold his assent to the bill; or
  • He may, in case of the bills other than money bills, return the bill for reconsideration of the House.
  • The power of withholding a bill sent for assent of the President is called a veto power of the President. Different kinds of veto power have been provided to the President of India by the Constitution of India which are in the form of Absolute, Suspensive and Pocket veto.

Ordinance Making Power

The President's power to issue ordinances is covered in Article 123. This is one of the several legislative authorities that the President enjoys. On the recommendation of the union cabinet, he issues an ordinance.

Emergency Powers

The President exercises certain extraordinary power to deal with an emergency situation which are as follows:

• National Emergency (Article 352).
• President Rule (Article 356).
• Financial Emergency (Article 360)

Financial Powers

He has control over the Contingency Fund of India to meet unforeseen expenses like flood, drought, war etc.

• His prior recommendation is a must in the introduction of the money bill and financial bill in the Parliament.
• His recommendation is a prerequisite to make a demand for grants.
• The President of India constitutes the Finance Commission after every five years.
• He also places before the Parliament the report of Comptroller and Auditor General relating to the accounts of the Government of India and recommendations made by the Finance Commission.

Military Powers

He is the Supreme Commander of the Armed Forces.

• He has the power to declare war and peace but his military power is subject to the regulation of law.
• He appoints Chief of the Army, Chief of the Navy and Chief of the Air Force.

Discretionary Powers

Although the Constitution after the 42nd Amendment Act made it mandatory or obligatory for the President to act on the advice of the Council of Ministers, even then, the practice of parliamentary governance created some circumstances when the President had to act as per his own wisdom, sense of justice and discretion.

• When no single party has a majority in the election of Lok Sabha or due to the sudden death of the incumbent Prime Minister then the President can use his discretion to appoint the Prime Minister.
• Dissolution of Lok Sabha on the advice of Council of Ministers which has lost majority in Lok Sabha or against whom a vote of no-confidence may have been passed.
• Under Article 74 he can send an advice of the Council of Ministers at his discretion back to it for its reconsideration.
• Under Article 78, he enjoys the right to be informed about the affairs of the State by the Prime Minister.
• He applies suspensive and pocket veto at his discretion.
• The President is faced with these kinds of situations more often from 1990 onwards with the emergence of coalition governments and minority governments.

Judicial Powers

The President has the power to appoint the Judges of the Supreme Court and High Courts. Under the Judicial powers, the President has what is called pardoning power. The power of granting pardon to persons, who have been tried and convicted of any offence.

1. For every executive action that the Indian government takes, is to be taken in his name
2. He may/may not make rules to simplify the transaction of business of the central government
3. He appoints the attorney general of India and determines his remuneration
4. He appoints the following people:
   1. Comptroller and Auditor General of India (CAG)
   2. Chief Election Commissioner and other Election Commissioners
   3. Chairman and members of the Union Public Service Commission
   4. State Governors
   5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council
7. He appoints National Commissions of:
   1. Scheduled Castes (Read about National Commission for Scheduled Castes in the linked article.)
   2. Scheduled Tribes Read about (National Commission for Scheduled Tribes in the linked article.)
   3. Other Backward Classes (Read about National Commission for Backward Classes in the linked article.)
8. He appoints inter-state council
9. He appoints administrators of union territories
10. He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas

1. He summons or prorogues Parliament and dissolve the Lok Sabha
2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
3. He addresses the Indian Parliament at the commencement of the first session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the linked article.)
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community
7. He consults the Election Commission of India on questions of disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the Indian Parliament, check the linked article.)
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
    1. Comptroller and Auditor General
    2. Union Public Service Commission
    3. Finance Commission, etc.

1. To introduce the money bill, his prior recommendation is a must
2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advice from the Supreme Court, however, the advice is not binding on him
3. He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence.

Note: Pardoning powers of the president includes the following types:

• Pardon with the grant of pardon convicts both conviction and sentence completely absolved
• Commutation  with this nature of the punishment of the convict can be changed
• Remission reduces the term of the imprisonment
• Respite  awards lesser punishment than original punishment by looking at the special condition of a convict
• Reprieve stays the execution of the awarded sentence for a temporary period

1. International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army
2. Chief of the Navy
3. Chief of the Air Force

He deals with three types of emergencies given in the Indian Constitution.